GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER TEN
IMPOSITION OF AND RELEASE FROM PUNISHMENT

Article 54. General Principles of Imposing Punishment

54.1. The court shall impose punishment in strict compliance with the provisions of this Code, being guided by the principle of justice and legal conscience, within the types and limits established by the Special Part.

54.2. When imposing punishment the court shall take into comprehensive consideration the nature and degree of social danger of the committed crime, the character of the culprit, reasons and circumstances of the case, motive, purpose, nature and degree of the harm caused, and circumstances which mitigate or aggravate the liability.

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER TEN
IMPOSITION OF AND RELEASE FROM PUNISHMENT

Article 55. Circumstances Which Mitigate Responsibility

55.1. When imposing penalty the court shall recognize the following circumstances as mitigating liability :

55.1.1. committing a minor or less serious crime for the first time due to accidental circumstances ;
55.1.2. prevention by the culprit of harmful consequences of the crime ;
55.1.3. voluntary compensation of the damage caused or the correction of the caused
harm ;
55.1.4. committing a crime under a physical or mental coercion or owing to material or another dependence upon the victim ;
55.1.5. committing a crime under the influence of a strong emotional shock caused by illegal actions of the victim ;
55.1.6. committing a crime due to a coincidence of grave personal, family circumstances or those occurred to others ;
55.1.7. committing a crime by a person under the age of 18 ;
55.1.8. committing a crime by a woman with a minor child or a pregnant woman ;
55.1.9. sincere repentance, surrender or active assistance in the detection of the offender or property gained by way of crime ;
55.1.10. rendering medical and other aid immediately upon committing a crime against life or health.

55.2. If the circumstance mitigating liability specified in this article constitutes an element of a crime specified in the Special Part of this Code this shall not be taken into account when imposing penalty.

GENERAL PART

TITLE THREE
CRIMINAL LIABILITY

CHAPTER TEN
IMPOSITION OF AND RELEASE FROM PUNISHMENT

Article 60. Imposing Penalty for Preparation to or for an Attempted Crime

60.1. When imposing penalty for preparation to a crime or an attempted crime the court shall take into account the degree of realization of the malicious intent, completion of the attempt, nature of social danger of the prepared for or attempted crime and reasons for failure to bring the crime to completion.

60.2. The maximum amount of penalty for preparation to a crime may not exceed 1/2 of the most severe type of penalty for the given completed crime.

60.3. The maximum amount of penalty for preparation to a crime may not exceed 2/3 of the most severe type of penalty for the given completed crime specified in the Special Part of this Code.

60.4. The person who prepared to a crime or attempted a grave crime may not be imposed imprisonment for more than 15 years or the death penalty.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 77
Applicable penalties
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.